People often focus on the symbolic value of engagement rings, but for many
couples engagement rings have real financial value that can make them
contested items in a
divorce or after a broken engagement. Beyond their actual worth, many people also
place sentimental value on getting to keep the ring or have it returned
to them respectively. Consequently, the law has special rules to deal
with who gets the ring in the event of a couples separation. However,
the rules change depending on whether the couple is going through a divorce
or whether there is a broken engagement as to who has legal claim to the
engagement ring ownership.

During Divorce

The key thing to understand about engagement rings in a divorce is that
the law in Illinois treats the ring as a conditional gift. This means
that it is a freely given gift, but that the gift is only given if some
condition comes to pass, in this case if the couple gets married. If the
couple is getting divorced, it necessarily means that the marriage occurred,
so the ring qualifies as a gift to the wife. This status as a gift is
important because of how Illinois treats marital property.

In Illinois, gifts to one spouse do not qualify as marital property, including
gifts from one spouse to another. This means that they are not divided
up during the divorce. Consequently, the wife is allowed to keep the ring
in a divorce without having to bring it through the property division process.

Broken Engagements

The rules with regard to broken engagements are different because Illinois
has a special statute known as the
Breach of Promises Act. This Act exists because people in Illinois used to be able to sue in
cases where one party to an engagement broke off the wedding, and they
could get damages for the emotional harm and embarrassment of the broken
engagement. Naturally, this led to abuse by people seeking excessive damages,
so the legislature limited the available damages to actual monetary harm
that people suffer as a result of the broken engagement.

The loss of an engagement ring is one of the biggest financial harms that
people can suffer as a result of a broken engagement. However, the law
still places importance on the classification of a ring as a conditional
gift. In a practical sense, this means that it matters who broke the engagement.
If the future wife breaks the engagement, then the man gets the ring,
and if the future husband breaks the engagement, then the woman can keep
it. In the case of a mutual breakup the ring reverts to the husband.

Property division is just one of many nuanced issues in a divorce. If you
have questions about how the divorce process works, contact a skilled
Naperville divorce attorney today.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.